Summary: We will not investigate this complaint about disrepair at the temporary accommodation the Council provided to Miss X as the Council has already provided a satisfactory remedy for the injustice caused.

The complaint

1. Miss X moved out of temporary accommodation the Council had provided to her when she was left without a working toilet for four days. Miss X says this impacted on her mental health and caused her distress. Miss X also complains staff were dismissive and rude to her when she reported this matter. Miss X would like a financial payment in recognition of the impact this had on her or for the Council to speed up an offer of re-housing.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In its complaint responses, the Council acknowledged there was unacceptable delay in repairs to the toilet being carried out. The Council apologised to Miss X for this and for the upset caused and waived all charges for the temporary accommodation. I recognise Miss X may remain unhappy with this outcome, but I am satisfied this is an appropriate remedy for the injustice caused to her.
8. The Council investigated Miss X’s complaint that a staff member had been rude and dismissive to her. It found there was a lack of evidence to support Miss X’s claims. In the absence of any corroborating evidence, it is also unlikely we could change the outcome of this aspect of the complaint. During the complaints process, the staff member did offer an apology for any confusion caused and this, in any case, goes some way to remedy Miss X’s injustice.
9. For these reasons, we will not investigate this complaint.

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Final decision

10. We will not investigate Miss X’s complaint because I am satisfied with the actions the Council has taken to remedy the injustice caused by the disrepair and we cannot add to what the Council has said in respect of the officer conduct complaint.

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Investigator's decision on behalf of the Ombudsman